Apr 19, 2012
ELW

Stop Imperial Governance!!

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The education finance omnibus bills were taken up in conference committee beginning at 8AM today, April 19th.  Before the House and Senate versions were even presented “side by side,” the conference committee presented a draft of the proposed conference report that appears to have been pre-negotiated between the Department of Education (DOE) and the legislators in secret without a hint of public discussion.  This draft was based on a letter from Commissioner Brenda Casselius to the chairpersons of the education committees listing eight items that she apparently would not tolerate.  Chairman of the House Education Finance Committee and chairman of today’s conference committee session proceeded to take testimony only from the commissioner and adopt only those sections of the draft with which she agreed.  Other items about which she is “concerned” may be adopted later in the discussion.

One of the most important issues among those eight that was cut out due to this imperial steamrolling by the DOE is the legislature’s important efforts to stand for legislative authority and separation of powers in the implementation of the early childhood scholarships.  We explained here that the DOE is despite glaring lack of legislative authority implementing the early scholarships by requiring the administratively expanded quality rating system (QRS) at any program where these scholarships might be used.  We had previously explained here that the QRS requires the radical and non-academic Early Childhood Indicators of Progress (a preschool version of the Profile of Learning) and many other expensive and bureaucratic hoops for private and religious providers with no real evidence of increased quality.  Hopes for fidelity to the MN Constitution and the rule of law were buoyed when both the House and Senate education committees passed legislation spelling out the use of some of that money for a voluntary, high quality, home based, parent-led literacy program as well as the House language allowing parents to make their own choice as to what program their children will attend and ensuring equity between rural and metro program funding.

The omnibus bills left committee and passed their respective floor votes with the early childhood language unchanged, despite an effort by retiring early childhood maven, Rep. Nora Slawik (DFL – Maplewood) to strip out all of the new early childhood scholarship language.  That effort was rejected not only by all of the Republicans but by 13 Democrats. [Anzelc, Eken, Falk, Fritz, Hosch, Kath, Melin, Morrow, Pelowski, Persell, Poppe, Rukavina, Simon]

Although Rep. Jennifer Loon, Senator Terri Bonoff, and Senator Gen Olson did ask the commissioner this morning about trying to find a way to fund this parent child home literacy program, it appears that now all of these efforts to provide parental choice, deal with regional fairness, & hold the executive branch accountable, as well as all of the grand words about the “legislature as a co-equal partner in government” and this expenditure being a “prerogative of the legislative branch” are now in danger of becoming irrelevant with barely a whimper from our elected representatives UNLESS YOU ACT.

This action by the DOE is reminiscent of the unilateral, unconstitutional actions that the governor took in regard to ordering childcare unionization election and the ones he is attempting in the imposition of the health insurance exchange. The apparent and near total capitulation by the legislators would also be very disappointing if things stay as they are UNLESS YOU ACT.

Please consider calling or emailing the conferees and the legislative leadership and let them know that this is not an imperial governorship, that they are elected to represent their constituents and up hold the law, that they should remind the governor that another lawsuit may be in the offing for this usurpation of authority and and that funding his budget priorities next year may become more difficult if he and the DOE do not acknowledge the role of the legislature.  Also please consider contacting the governor and remind him that it is the legislature and not the executive branch that is vested with authority to make and decide how laws will be implemented.

THANK YOU!!!

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